UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES ACT OF 1933
Release No. 7889 / September 7, 2000
SECURITIES EXCHANGE ACT OF 1934
Release No. 43262
INVESTMENT ADVISERS ACT OF 1940
Release No. 1896
INVESTMENT COMPANY ACT OF 1940
Release No. 24636
ADMINISTRATIVE PROCEEDING
File No. 3-10024
In the Matter of
PHILIP A. LEHMAN and
TOWER EQUITIES, INC.,
Respondents.
ORDER MAKING FINDINGS, ORDERING
RESPONDENTS TO CEASE AND DESIST
AND IMPOSING REMEDIAL SANCTIONS
I.
On September 22, 1999, the Securities and Exchange Commission
(Commission) instituted public administrative proceedings and cease
and desist proceedings, pursuant to Section 8A of the Securities Act
of 1933 (Securities Act), Sections 15(b), 19(h) and 21C of the
Securities Exchange Act of 1934 (Exchange Act), Sections 203(e),
203(f) and 203(k) of the Investment Advisers Act of 1940 (Advisers
Act) and Section 9(b) of the Investment Company Act of 1940
(Investment Company Act), against Philip A. Lehman (Lehman) and Tower
Equities, Inc. (Tower Equities).
In response to the institution of these proceedings, Lehman and Tower
Equities have submitted Offers of Settlement (Offers) which the
Commission has determined to accept. Solely for the purpose of this
proceeding and any other proceeding brought by or on behalf of the
Commission, or to which the Commission is a party, and without
admitting or denying the findings herein, except the Commission's
jurisdiction and the findings contained in Paragraphs II.A and II.B.
below, which are admitted, Lehman and Tower Equities consent to the
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
INVESTMENT ADVISERS ACT OF 1940
ORDERING RESPONDENTS TO CEASE AND DESIST AND IMPOSING REMEDIAL SANCTIONS
On September 22, 1999, the Securities and Exchange Commission instituted public
Solely for the purpose of this proceeding and any other proceeding brought by or on behalf of
Tower Equities is an Ohio corporation based in Dayton, Ohio, has been a broker-dealer
At all relevant times, Lehman was a person associated with both a broker-dealer and an
At all relevant times, Tower Venture 97-A, Ltd. was an Ohio limited liability company based
At all relevant times, Lifetime Assets, LLC was an Ohio limited liability company based in
Lehman was the president and managing partner of Baylor.
F. At all relevant times, Wellington, LLC was an Ohio limited liability company based in
The offering was on an all-or-none basis for approximately 420 units for approximately $10.5
H. Lehman and Tower Equities, through various means including, but not limited to, the
Lehman and Tower Equities misrepresented that, after paying approximately $500,000 for
Lehman and Tower Equities misrepresented that the $10 million "loan premium payment" would
none of the European banks identified by Lehman and Tower Equities would have issued a
K. Lehman and Tower Equities, through various means, including, but not limited to, the
As a part of this conduct, they made misrepresentations or omissions of material facts to
From in or about February 1997 to in or about December 1998, Lehman and Tower Equities
nts of material fact or omitted to state material facts necessary in order to make the statements
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